Personal Injury Litigation
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Wrongful death claim successfully resolved Benkie & Crawford successfully litigated the wrongful death claim of Francis Radwan against a large company (the company must remain confidential pursuant to the settlement agreement) which rents vehicles to the public. The settlement amount was $2,100,000. - The Indianpolis Star, January 15, 2000 Court expands the reach of wrongful-death claims The appellate court's ruling Thursday recognized the judges were going against previous court decisions. But the judges said they were recognizing a national trend in which 27 states now allow punitive damages in wrongful-death claims. They also said the idea of not allowing punitive monetary awards in a case involving death is illogical. "We cannot perpetuate the adage that it is cheaper to that to maim," the ruling said. Attorney Scott Benkie, who represents the plaintiffs in Thursday's ruling - the children and husband of Kathy Wade - was pleased the court decided to take the new legal stance. "I considered this a very draconian law, and I think it was time for it to be changed," Benkie said. "It's very easy to go on and not allow law to change with society." Man who lost his family sues Daimler Chrysler in crashworthiness case Benkie and Crawford, filed suit on behalf of Les Bublitz, who lost his wife and 6-month old son, Nathaniel Bublitz, and successfully litigated Mr. Bublitz's claims against Daimler Chrysler on the basis of a defective latch gate which caused his wife and son to be ejected from the minivan. The settlement with Daimler Chrysler is significant but must remain undisclosed pursuant to a confidentiality agreement. Woman Settles with Property Owner in Premises Liability Equestrian Accident for $225,000 Doug Crawford filed suit and successfully negotiated to settlement the claims of Pandora Rulli, a social invitee and guest of defendents who was injured in an equestrian accident on defendants' property where defendants failed to appropriately supervise this activity and follow accepted equestrian practices. - Goshen News, August 22, 1997 Cromwell woman killed in U.S. 6 crash The firm of Benkie & Crawford successfully represented the family of Virginia Wallace and even though Virginia had no husband and only adult children, the firm was able to negotiate a $400,000 settlement on behalf of her family. - The Indianapolis Star, February 17, 1999 Man who lost wife, son in car chase sues An Indianapolis man who lost his wife and 7-month-old son in an interstate crash with a robbery suspect sued area police Monday, alleging they were reckless in their use of tire deflation sticks during a high-speed chase. Plaintiff's counsel believe the various officers involved had enough time that they could have decided on a safer option for apprehending the suspect, Kevin James. "The best judgment would be that you don't deploy stop sticks on I-465 in dense traffic," Benkie said. The lawsuit also states the Bublitzes' rights were violated because the Sheriff's Department has no written policies on the deployment of the tire deflation devices. "I think first of all they need to have a written policy that should give them guidance on when the stop sticks should be deployed, " Benkie said. - The Indianapolis Star, July 29, 1998 Teen killed in collision of pickup truck, semi The firm of Benkie & Crawford successfully litigated on behalf of the surviving parents of J.J. O'Daniel who was killed when the truck he was driving was run off the road by another vehicle and struck by a semi-tractor trailer. The significant settlement amount is confidential pursuant to the settlement agreement. Mother sues doctors and hospital for malpractice The firm of Benkie & Crawford successfully represented the mother, Jennipher Forte and her son, Jeffrey Barcus, who suffered irreparable brain damage as a result of obstetric malpractice. The firm was successful at settling the case for the maximum then allowable under Indiana law, $750,000 against unnamed physicians and an unnamed hospital in Indiana which must remain confidential pursuant to the settlement agreement. Municipal Employee is Successful on her Claims Under the Americans with Disabilities and Hoosiers with Disabilities Act Doug Crawford of the firm of Benkie & Crawford successfully litigated and settled claims on behalf of a long-term employee of an unnamed Indiana municipality who lost her job after multiple orthopedic surgeries despite the fact tht she had an excellent work record and was willing and able to continue to perform her job functions at a high level with minimal accomodations from her employer. This case was resolved after numerous depostitions of city employees and at a settlement conference held by the late Magistrate Robin Pearce, United States District Court for the Northern District of Indiana. |
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